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Convicted Killer Gets New Trial
By daily-times.com
Published: 05/21/2010

FARMINGTON — The Flora Vista man who was sentenced to life in prison after pleading guilty to stomping a toddler to death in 2007 was granted a new trial May 13 by the state Supreme Court. Jose Garcia, 21, was charged with first-degree felony intentional abuse of a child resulting in death, tampering with evidence and aggravated battery after he allegedly stomped on 17-month-old Taegen McKinney while he was helping babysit the toddler.

He pleaded in Nov. 2007, under an Alford plea to intentional abuse of a child, which carries a mandatory life sentence. A life sentence in New Mexico is 30 years. The tampering with evidence and aggravated battery charges were dropped as part of the plea agreement.

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